News Notes: Court Changes Its Mind On Retaliation And Religious Accommodation Cases

The federal Ninth Circuit Court of Appeal has reconsidered two opinions it issued last year. In one case, the court had ruled that the anti-retaliation provisions of the federal wage and hour laws don’t protect workers who are fired for griping about overtime violations directly to their employers rather than to the government. The court has now reversed itself, holding that it’s illegal to retaliate against employees who complain to you about wage and hour issues. In the second case, the court had previously said an employer with a seniority-based system for assigning shifts didn’t have to accommodate a worker’s need for time off to observe the Sabbath. The court now says employers must make a good-faith effort to accommodate as long as it won’t impact the seniority system or result in more than minimal cost – for example, by allowing workers to voluntarily trade shifts.